Fitzpatrick, who is facing charges including accessing, possession of and making available child pornography, appeared in Moose Jaw provincial court on Wednesday.

The court heard from Tim McLeod, Fitzpatrick's legal counsel, that he had yet to receive disclosure of digital evidence that would be vital in determining the direction his client would take with his matters.

"If we were in possession of the entirety of the Crown's case, we would be happy to proceed," he told the court. "Based on what we have received so far, I am confident that is not the case."

McLeod noted that Crown prosecutor Brian Hendrickson has been co-operative, but some of the "digital evidence" had yet to arrive and therefore couldn't be disclosed.